HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Mohan Anand

Applicant

-and-

Mohawk College and Chris Blackwood

Respondents

RECONSIDERATION DECISION

Adjudicator: David Muir

Decision Date: May 16, 2012

Citation: 2012 HRTO 996

Indexed as: Anand v. Mohawk College

WRITTEN SUBMISSIONS

Mohan Anand, Applicant

Self-represented

Mowhawk College and Chris Blackwood, Respondents

Brenda Bowlby, Counsel

Introduction

3This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination in employment on the basis of colour and race. This Decision deals with a Request for Reconsideration filed by the applicant.

[1] In 2012 HRTO 151, I dismissed this case after an oral summary hearing held pursuant to Rule 19A of the Tribunal’s Rules of Procedure because I concluded that the Application had no reasonable prospect of success. On February 21, 2012 the applicant filed a Request for Reconsideration of the Decision under section 45.7 of the Code.

45.7 (1) Any party to a proceeding before the Tribunal may request that the Tribunal reconsider its decision in accordance with the Tribunal rules.

(2) Upon request under subsection (1) or on its own motion, the Tribunal may reconsider its decision in accordance with its rules.

[2] The Tribunal’s Rules of Procedure provide that any party may request reconsideration of a decision in accordance with Rule 26.5.

A Request for Reconsideration will not be granted unless the Tribunal is satisfied that:

a. there are new facts or evidence that could potentially be determinative of the case and that could not reasonably have been obtained earlier; or

b. the party seeking reconsideration was entitled to but, through no fault of its own, did not receive notice of the proceeding or a hearing; or

c. the decision or order which is the subject of the reconsideration request is in conflict with established jurisprudence or Tribunal procedure and the proposed reconsideration involves a matter of general or public importance; or

d. other factors exist that, in the opinion of the Tribunal, outweigh the public interest in the finality of Tribunal decisions.

3It is also useful to consider the Tribunal’s Practice Direction on Reconsideration, which states in part

Decisions of the Tribunal are generally considered final and are not subject to appeal. However, parties may request that the Tribunal reconsider a final decision it has made. Reconsideration is a discretionary remedy; there is no right to have a decision reconsidered by the Tribunal. Generally, the Tribunal will only reconsider a decision where it finds that there are compelling and extraordinary circumstances for doing so and where these circumstances outweigh the public interest in finality of orders and decisions.

Reconsideration is not an appeal or an opportunity for a party to repair deficiencies in the presentation of its case.

4Reconsideration is a discretionary remedy. That is, while the Tribunal has the authority in certain circumstances to reconsider its own decisions, it is not obliged to do so. As is clear from the Code the Tribunal may decide when reconsideration of a Decision is appropriate, both through the making of rules governing the exercise of the discretion and in the determination on a case-by-case basis of how the rules will be applied.

5The applicant made no reference to section 47.5 of the Code, or the factors that can be considered by the Tribunal in Rule 26.5 above. The applicant did make detailed written submissions largely repeating submissions that were made at the summary hearing. I have reviewed the applicant’s submissions. He evidently disagrees with my conclusion that there was no reasonable prospect that he would be able to prove a link between the decision of the respondents and his race and/or colour. However a Request for Reconsideration is not an opportunity to re-argue a case.

6I am not satisfied that any of the factors set out in the Rule are present here and accordingly the Request for Reconsideration must be dismissed.